Earlier today, a Chicago truck accident attorney at Levin & Perconti read a news report detailing a lawsuit that has been filed on behalf of a 14 year-old boy after he sustained severe personal injury in a devastating truck accident. LoHud.com reports that the injury-resulting accident transpired on May 5 when the middle school student was crossing the street outside of his school when he was struck by a large truck. The 14 year-old boy sustained a fracture to his skull, as well as, traumatic brain injury as a result of the accident. He spent over 13 days in the hospital before he was sent to rehabilitative care.
The lawsuit has been filed by the parents of the 14 year-old boy naming the truck driver, the school district, the county, as well as, the town as defendants in the truck accident lawsuit. Our Chicago accident lawyers learned that the family is asserting that with no crosswalk or crossing guard at the intersection where the tragic accident occurred, the intersection was not safe for children who walk to school. It is also alleged in the lawsuit that government officials in the town and county had a legal duty to provide safe routes to school and to install traffic-control devices and a crosswalk.
However, the news report points out that the family filed a notice of claim against the town past the 90-day deadline and have asked the court for permission to file a late notice. Our accident attorneys in Chicago learned that the town has opposed this motion, alleging that the roadway in question is owned by the county and they are not permitted to install traffic-control devices. The county, as well as, the school district have filed motions for summary judgment in order to get the case dismissed.
The county asserts that the truck accident lawsuit does not meet the legal standard for constituting negligence, in part due to the fact that the boy’s family was never notified the county of the dangerous roadway conditions along that particular road. On the other hand, the county asserts that the town did have the authority to install a crosswalk along the accident’s roadway.
When these types of devastating personal injury accidents transpire, it is important to obtain experienced legal aid in order to obtain the maximum compensation possible for your injuries. If you have been injured in an Illinois trucking accident or have lost a loved one, please contact our knowledgeable attorneys to see what legal rights and relief may be available to you.